Court No. - 47
Case :- APPLICATION U/S 482 No. - 38600 of 2018 Applicant :- Saddam And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicants, learned A.G.A., for the State of U.P., in opposition and perused the record.
This application under Section 482 of the Code of Criminal Procedure (in short 'Code') has been filed on behalf of the applicants with a prayer to quash the charge-sheet dated 4.8.2017 filed in Case Crime No. 484 of 2017 under Sections 498-A, 323, 504 IPC and Section 3/4 D.P. Act, P.S. Gunnaur, District Sambhal as well as cognizance order dated 18.1.2018 passed by the Judicial Magistrate-II, Budaun.
Learned counsel for the applicants contended that from the material brought on the record, no offence is disclosed against the applicants. He further contended that applicants has not been arrested by the police as none of the offences against the applicants is punishable with imprisonment for more than 7 years.
Per contra, learned A.G.A. opposed the prayer made and submissions thereof advanced by learned counsel for the applicants and contended that the material on record was sufficient justifying filing of charge sheet in the aforesaid case.
From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the applicants.
All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court in exercise of its extraordinary jurisdiction under Section 482 of Code.
In view of the above, the prayer for quashing the charge sheet and the entire proceedings in the aforesaid case is refused.
However, it is directed that if applicants apply for bail, the same shall be disposed of on the same day, on which they shall be taken into custody as per the guidelines prescribed by Hon'ble Apex Court in the case of Social Action Forum for Manav Adhikar and Another Vs. Union of India reported in 2018 SCC Online SC 1501.
It is further provided that in case, the applicant Nos. 1 and 5 claim discharge in person and applicant Nos. 3, 4 and 5 claim discharge through counsel under Section 239 Cr.P.C., within 30 days from today, the same shall be considered and disposed of expeditiously within 30 days from the date of presentation of discharge application before the court concerned.
Till the disposal of the discharge application, no coercive action shall be taken against applicant nos. 3, 4 and 5.
As far as applicant nos. 1 and 2 are concerned, it is directed that for a period of 45 days from today, no coercive action shall be taken against them.
This application stands disposed of.
Order Date :- 26.10.2018 Jaswant